Appeal No. 2004-1159
Application 10/108,315
in Figures 1-3 of that patent would have been reasonably viewed
by one of ordinary skill in the art as being a “package for
retail sale.” In that regard, we consider that the housing (12)
and securable housing lid (26) of French provide a container or
package for the paper towel holder (30) and roll of paper towels
(39), as well as for the other accessory items contained in the
cleaning kit and carried in the closed and secured housing (note,
col. 4, lines 20-28). We see no need for the container/package
of French to be further boxed or wrapped in order to permit
retail sale thereof. Moreover, contrary to appellant’s assertion
in the paragraph bridging pages 4 and 5 of the brief, we find
that the arm portions (32, 34) of French’s paper towel holder
(30) are clearly “movable into positions extending along opposite
ends of said paper towel roll,” as set forth in claim 11, and are
resiliently and releasably engageable with the ends of paper
towel roll (39) via roll support plugs (unnumbered) shown in
Figure 1.
For the above reasons, we will sustain the examiner’s
rejection of independent claim 11 under 35 U.S.C. § 102(b) as
being anticipated by French.
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